Common use of REMIC Declaration; Other REMIC Matters Clause in Contracts

REMIC Declaration; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that the Trust formed hereunder shall constitute, and the affairs of the Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 36-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of the REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Mae covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for the Trust when and as required by the Code, (b) conduct the affairs of the Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of the Trust, and (d) hold harmless and indemnify the Holder of the Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Xxx, as Trustee of the Trust, will prepare, sign and file each annual federal income tax return for the Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Mae will act as the tax matters person for the Trust in a fiduciary capacity, for the Holder of the Class 36-R Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declaration; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that the Trust Fund formed hereunder shall constitute, and the affairs of the Trust Fund shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 362-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Certificates is hereby designated as a “regular interest” in such the REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of the REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Mae covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for the Trust Fund when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of the Trust Fund so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of the TrustTrust Fund, and (d) hold harmless and indemnify the Holder of the Residual Class 2-R Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the Trust Fund to the extent that any such tax shall be paid or payable by it. Xxxxxx Xxx, as Trustee of the TrustTrust Fund, will prepare, sign and file each annual federal income tax return for the Trust Fund and such information returns as are required by Treasury regulations. In addition, Xxxxxx Mae will act as the tax matters person for the Trust in a fiduciary capacity, capacity for the Holder of the Class 362-R Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declaration; Other REMIC Matters. Xxxxxx Xxx Mae hereby declares its intent that the Trust formed hereunder shall constitute, and the affairs of the Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 3619-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of the REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Mae Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for the Trust when and as required by the Code, (b) conduct the affairs of the Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of the Trust, and (d) hold harmless and indemnify the Holder of the Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx XxxMae, as Trustee of the Trust, will prepare, sign and file each annual federal income tax return for the Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Mae Xxx will act as the tax matters person for the Trust in a fiduciary capacity, for the Holder of the Class 3619-R Certificate. In addition, Xxxxxx Xxx Mae will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae Xxx will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declaration; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that the REMIC Trust Fund formed hereunder shall constitute, and the affairs of the REMIC Trust Fund shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 36T5-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Certificates is hereby designated as a “regular interest” in such the REMIC Trust Fund within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of the REMIC Trust Fund within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Mae covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for the REMIC Trust Fund when and as required by the Code, on which a REMIC election shall be made with respect to the REMIC Trust, together with such comparable state and local income tax returns and elections as may from time to time be required to be filed with respect to the REMIC Trust, (b) conduct the affairs of the REMIC Trust Fund so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of the TrustREMIC Trust Fund, and (d) hold harmless and indemnify the Holder of the Residual Class T5-R Certificate against any liability on account of any federal federal, state or local income tax (including interest and penalties) imposed on the REMIC Trust Fund to the extent that any such tax shall be paid or payable by it. Xxxxxx Xxx, as Trustee of the TrustREMIC Trust Fund, will prepare, sign and file each annual federal income tax return for the REMIC Trust Fund and such information returns as are required by Treasury regulations. In addition, Xxxxxx Mae will act as the tax matters person for the Trust in a fiduciary capacity, capacity for the Holder of the Class 36T5-R Certificate, which Holder by the acceptance of such Certificate is deemed irrevocably to appoint Xxxxxx Xxx to act in such capacity. In addition, Xxxxxx Xxx Mae will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae Xxx will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.section

REMIC Declaration; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that the Trust Fund formed hereunder shall constitute, and the affairs of the Trust Fund shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 3620-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Certificates is hereby designated as a “regular interest” in such the REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of the REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Mae covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for the Trust Fund when and as required by the Code, on which a REMIC election shall be made with respect to the Trust Fund, (b) conduct the affairs of the Trust Fund so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of the TrustTrust Fund, and (d) hold harmless and indemnify the Holder of the Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the Trust Fund to the extent that any such tax shall be paid or payable by it. Xxxxxx Xxx, as Trustee of the TrustTrust Fund, will prepare, sign and file each annual federal income tax return for the Trust Fund and such information returns as are required by Treasury regulations. In addition, Xxxxxx Mae will act as the tax matters person for the Trust Fund in a fiduciary capacity, capacity for the Holder of the Class 3620-R Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declaration; Other REMIC Matters. Xxxxxx Xxx Mae hereby declares its intent that the Trust formed hereunder shall constitute, and the affairs of the Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 3634-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of the REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Mae Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for the Trust when and as required by the Code, (b) conduct the affairs of the Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of the Trust, and (d) hold harmless and indemnify the Holder of the Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx XxxMae, as Trustee of the Trust, will prepare, sign and file each annual federal income tax return for the Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Mae Xxx will act as the tax matters person for the Trust in a fiduciary capacity, for the Holder of the Class 3634-R Certificate. In addition, Xxxxxx Xxx Mae will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae Xxx will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declaration; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that the Trust formed hereunder shall constitute, and the affairs of the Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 3645-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of the REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Mae covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for the Trust when and as required by the Code, (b) conduct the affairs of the Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of the Trust, and (d) hold harmless and indemnify the Holder of the Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Xxx, as Trustee of the Trust, will prepare, sign and file each annual federal income tax return for the Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Mae will act as the tax matters person for the Trust in a fiduciary capacity, for the Holder of the Class 3645-R Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declaration; Other REMIC Matters. Xxxxxx Xxx Mae hereby declares its intent that the Trust Fund formed hereunder shall constitute, and the affairs of the Trust Fund shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 361-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Certificates is hereby designated as a “regular interest” in such the REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of the REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Mae Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for the Trust Fund when and as required by the Code, on which a REMIC election shall be made with respect to the Trust Fund, (b) conduct the affairs of the Trust Fund so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of the TrustTrust Fund, and (d) hold harmless and indemnify the Holder of the Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the Trust Fund to the extent that any such tax shall be paid or payable by it. Xxxxxx XxxMae, as Trustee of the TrustTrust Fund, will prepare, sign and file each annual federal income tax return for the Trust Fund and such information returns as are required by Treasury regulations. In addition, Xxxxxx Mae Xxx will act as the tax matters person for the Trust Fund in a fiduciary capacity, capacity for the Holder of the Class 361-R Certificate. In addition, Xxxxxx Xxx Mae will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae Xxx will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declaration; Other REMIC Matters. Xxxxxx Xxx Mae hereby declares its intent that the each Trust formed hereunder shall constitute, and the affairs of the each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 36-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The R Class Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of the each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Mae Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for the each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of the each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of the each Trust, and (d) hold harmless and indemnify the Holder of the any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx XxxMae, as Trustee of the each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Mae Xxx will act as the tax matters person for the each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the R Class 36-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the RL Class Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section Section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(iiSection 1.860D-l(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section Section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto. Solely for purposes of Section 1.860G-1(a)(4)(iii) of the Treasury regulations, the “latest possible maturity date” for each Class of the Certificates is the related Final Distribution Date set forth in Section 3.01 or the Lower Tier Schedule, as applicable.

REMIC Declaration; Other REMIC Matters. Xxxxxx Xxx Mae hereby declares its intent that the Trust formed hereunder shall constitute, and the affairs of the Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 3610-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of the REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Mae Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for the Trust when and as required by the Code, (b) conduct the affairs of the Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of the Trust, and (d) hold harmless and indemnify the Holder of the Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx XxxMae, as Trustee of the Trust, will prepare, sign and file each annual federal income tax return for the Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Mae Xxx will act as the tax matters person for the Trust in a fiduciary capacity, for the Holder of the Class 3610-R Certificate. In addition, Xxxxxx Xxx Mae will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae Xxx will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declaration; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that the Trust formed hereunder shall constitute, and the affairs of the Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 3615-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of the REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Mae covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for the Trust when and as required by the Code, (b) conduct the affairs of the Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of the Trust, and (d) hold harmless and indemnify the Holder of the Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Xxx, as Trustee of the Trust, will prepare, sign and file each annual federal income tax return for the Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Mae will act as the tax matters person for the Trust in a fiduciary capacity, for the Holder of the Class 3615-R Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declaration; Other REMIC Matters. Xxxxxx Xxx Mae hereby declares its intent that the Trust formed hereunder shall constitute, and the affairs of the Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 361-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of the REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Mae Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for the Trust when and as required by the Code, (b) conduct the affairs of the Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of the Trust, and (d) hold harmless and indemnify the Holder of the Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx XxxMae, as Trustee of the Trust, will prepare, sign and file each annual federal income tax return for the Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Mae Xxx will act as the tax matters person for the Trust in a fiduciary capacity, for the Holder of the Class 361-R Certificate. In addition, Xxxxxx Xxx Mae will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae Xxx will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declaration; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that the Trust formed hereunder shall constitute, and the affairs of the Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 3646-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of the REMIC within the meaning of Section 860G(a)(9) of the Code shall be the August 27, 1999 Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Mae covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for the Trust when and as required by the Code, (b) conduct the affairs of the Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of the Trust, and (d) hold harmless and indemnify the Holder of the Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Xxx, as Trustee of the Trust, will prepare, sign and file each annual federal income tax return for the Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Mae will act as the tax matters person for the Trust in a fiduciary capacity, for the Holder of the Class 3646-R Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declaration; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that the Trust Fund formed hereunder shall constitute, and the affairs of the Trust Fund shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 362-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Certificates is hereby designated as a “regular interest” in such the REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of the REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Mae covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for the Trust Fund when and as required by the Code, on which a REMIC election shall be made with respect to the Trust, together with such comparable state and local income tax returns and elections as may from time to time be required to be filed with respect to the Trust, (b) conduct the affairs of the Trust Fund so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of the TrustTrust Fund, and (d) hold harmless and indemnify the Holder of the Residual Class 2- R Certificate against any liability on account of any federal federal, state or local income tax (including interest and penalties) imposed on the Trust Fund to the extent that any such tax shall be paid or payable by it. Xxxxxx Xxx, as Trustee of the TrustTrust Fund, will prepare, sign and file each annual federal income tax return for the Trust Fund and such information returns as are required by Treasury regulations. In addition, Xxxxxx Mae will act as the tax matters person for the Trust in a fiduciary capacity, capacity for the Holder of the Class 362-R Certificate, which Holder by the acceptance of such Certificate is deemed irrevocably to appoint Xxxxxx Xxx to act in such capacity. In addition, Xxxxxx Xxx Mae will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae Xxx will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.